Driving Under the Influence of Marijuana in New Hampshire

In New Hampshire, driving while under the influence of marijuana is a crime. Unlike alcohol, which requires a blood alcohol level of 0.08 percent to establish the driver is under the influence, any amount of marijuana in the driver’s blood or urine will suffice establishing that the driver is under the influence. (N.H. Rev. Stat. Ann. §265-A:2.)

Implied Consent

N.H. Rev. Stat. Ann. § 265-A:4 provides the basis for implied consent, stating that any person who drives in New Hampshire gives consent to physical tests and examinations for the purpose of determining whether he or she is under the influence of controlled drugs (or intoxicating liquor).

Penalties

The penalties for driving under the influence vary based on whether it is a first or subsequent offense: